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-3- <br />FINDINGS OF COMPLIANCE OF <br />THE COLORADO MINED LAND RECLANATIOIJ D VISION <br />1. The plan and permit application f.or the Fryor mine filed by Viking <br />Coal Company on February 13, 1981 and updated through July 13, 1982 is <br />accurate and complete and with the proposed stipulations satisfies all <br />requirements of the Colorado Surface Coal Mining Reclamation Act of <br />1979 (the Act). (Rule 2.07.6(2)(a)) <br />2. The applicant has demonstrated that surface coal mining and <br />reclamation operations, as required by the Act, may be feasibly accomplished <br />under the mining and operations plan contained in secCion 2.05 of the <br />application. (Rule 2.07.6(2)(b)) <br />3. The assessment of the probable cummulative impacts of the active mines <br />in Che south Walsenburg coal field have been made by the Division and <br />are included as part of this document. 1'he Pryor mine is the only active <br />mine in the general area. The proposed operations under the application <br />have been designed to prevent material damage to the hydrologic balance <br />in associated off-site areas. No cmnulative adverse impact is e>:pected <br />to occur to either the surface or ground water. (Rule 2.07.6(2)(c)) <br />4. The Division has veriCiedthe following Findings with the applicable <br />Federal and local agencies in the area of the nine and their records show <br />the proposed permit area is: <br />a) Not within an area designated unsuitable for surface coal mining <br />operations. (Rule 2.07.6(2)(d)(i)) <br />b) Not within an area under study for designation as unsuitahle for <br />surface coal mining operations. (Rule 2.07.6(2)(d)(ii)) <br />c) Not on any lands subject to the prohibitions or limitations of <br />Rule 2.07.6(2)(d)(iii) (national parks, etc.), (public buildings, <br />etc.), (cemetaries), and (Federal lands, etc.). <br />d) Not within 300 feet of an occupied dwelling. <br />e) Not within 100 Peet of the outside right of way of a public road <br />except where the applicant has obtained the necessary approvals of <br />the authority ~.aith jurisdiction over the public road and opportunity <br />for a public hearing has been given. Since no public hearing Baas <br />requested, the Division bases its finding that the interests of. <br />the public and affected lando~,mers will be protected on the Eollowin„ <br />facts. <br />